Terms and Conditions
General Terms and Conditions for Driven Sales and Support
This English version is a translation of our Dutch Algemene Voorwaarden. In the event of any discrepancy between the two, the Dutch version will prevail.
1. SCOPE OF CONTRACT
These general terms and conditions are applicable to every offer, quotation and agreement between Driven Sales and Support and its clients (hereafter: ‘the client’). Any variation upon these general terms and conditions is only possible and acceptable through a written agreement in advance. Any general terms and conditions from the client are explicitly rejected.
2. QUOTATIONS AND AGREEMENTS
Any offer is made without obligation and is valid throughout one month. An offer or quotation is based on prices, ratings, fees etcetera, which are current on the day the offer is made. Unless specified, all prices exclude VAT and any other taxes or duties. Should a change in prices or tariffs occur that will result in higher expenses for Driven Sales and Support, we reserve the right to on-charge the difference in price.
3. PROJECTS AND CONFIRMATION
The agreement between the client and Driven Sales and Support is effected through a written confirmation from both parties. Verbal agreements are also binding once both parties have confirmed these in writing, or from the moment that Driven Sales and Support has the client’s permission to start the project, task or assignment. The obligations on the part of Driven Sales and Support are indicated by the terms of the agreement.
4. PAYMENT
For long-term and/or extensive assignments, Driven Sales and Support can demand payment in instalments. Invoices need to be paid within 14 days from the invoice date. Should this term be exceeded without payment, the client is automatically in default and owes Driven Sales and Support the applicable legal interest. Any legal and non-legal expenses, including collection commissions made with respect to the overdue payment, are added to the client’s invoice.
Non-legal expenses are fixed at least 15% of the invoice amount, with a minimum of € 200.
Preliminary meetings are free of charge. A meeting in which specific solutions and possibilities are discussed can be considered a work meeting, and the client can therefore be charged. An informational meeting that results in a work meeting will be invoiced as such.
5. CHANGES, CANCELLATIONS, DISSOLUTION AND FORCE MAJEURE
When a project is changed or altered after the quotation date, the changes will be considered as an additional assignment. This addition can be quoted and invoiced separately.
If the client changes, postpones or cancels an assignment, Driven Sales and Support is owed payment for any work that has already been carried out, as well as a compensation for the remainder of the assignment.
Should circumstances arise in which Driven Sales and Support cannot reasonably be expected to uphold its end of the agreement, Driven Sales and Support is empowered to dissolve the agreement with immediate effect, without incurring any obligations such as compensation. The client, however, is obliged to offer compensation under these circumstances.
These circumstances are certainly applicable when the client does not comply with one or more of the obligations that have been specified in the agreement, not even after an exhortation or summons by Driven Sales and Support.
In the case of a moratorium or an application for a moratorium or bankruptcy of the client, Driven Sales and Support is free to annul or dissolve the agreement, with immediate effect.
Should there be a case of force majeure on the part of Driven Sales and Support, such as an illness, Driven Sales and Support will notify the client immediately. Upon this notification, the client has the right to cancel the assignment within seven business days. He is still, however, obliged to accept any part of the assignment that has already been executed and owes Driven Sales and Support payment for said part.
6. QUALITY
Driven Sales and Support will execute the assignment in accordance with current professional standards. The agreement between Driven Sales and Support and the client can only be interpreted as an obligation to perform to the best of one’s abilities.
7. CONFIDENTIALITY
Driven Sales and Support is obligated to keep any and all information confidential of which it knows or can reasonably assume that its nature is confidential. This confidentiality is guaranteed even after completion of the assignment.
8. LIABILITY
Any liability on the part of Driven Sales and Support for damages that have been incurred in direct consequence of an agreement between Driven Sales and Support and the client, is strictly limited to the exact fee that Driven Sales and Support has received or will receive for its activities. Any form of liability expires one year after the date of completion of the assignment. Driven Sales and Support cannot incur any liability for possible damages to the client that are only indirectly related to the assignment. Such indirect damages include consequential loss, loss of profit, loss of savings and damages due to stagnation. Driven Sales and Support can never be considered liable in case of force majeure.
Should the client fail to deliver data on time or provide incorrect or inadequate information, which has a negative impact on the obligation by Driven Sales and Support to live up to the terms of the agreement, Driven Sales & Support is not to be held accountable for the consequences, unless the inadequacy or incorrectness of information of the information was known to Driven Sales and Support.
The aforementioned restrictions on the liability of Driven Sales and Support are inapplicable when Driven Sales and Support can be held directly responsible for intentional damage or faulty actions.
9. OTHER
If a time limit or deadline has been agreed upon or stated, this is always agreed to be indicatively and never as an ultimate, fixed deadline. Whenever the correctness of the execution of an assignment demands it, Driven Sales and Support is always empowered to carry out the terms of the agreement wholly or in part with help of a third party. Any obligations that follow from these general terms and conditions will also be enforced with regard to this third party. The client will always cooperate with Driven Sales and Support during the execution of the obligations specified in the agreement. This includes providing timely, useful, and necessary data and information.
Any complaints with regard to the activities by Driven Sales and Support must be submitted to Driven Sales and Support in writing and with a full explanation. This written statement must be received by Driven Sales and Support within ten business days of the invoice date. After ten days, any submitted complaints can no longer have legal repercussions. Complains to not, however, suspend the client’s obligation to pay the invoice.
10. DISPUTES
In the case of any disputes that follow from this agreement or subsequent agreements, parties will initially attempt to solve these with the aid of impartial mediation. Only when it is proven impossible to find a solution to such a dispute with the aid of mediation, the dispute will be settled by a qualified judge in a district court. This will be the district in which Driven Sales and Support is established. Dutch laws and regulations apply to the agreement between Driven Sales and Support and the client.
This English version is a translation of our Dutch Algemene Voorwaarden. In the event of any discrepancy between the two, the Dutch version will prevail.
1. SCOPE OF CONTRACT
These general terms and conditions are applicable to every offer, quotation and agreement between Driven Sales and Support and its clients (hereafter: ‘the client’). Any variation upon these general terms and conditions is only possible and acceptable through a written agreement in advance. Any general terms and conditions from the client are explicitly rejected.
2. QUOTATIONS AND AGREEMENTS
Any offer is made without obligation and is valid throughout one month. An offer or quotation is based on prices, ratings, fees etcetera, which are current on the day the offer is made. Unless specified, all prices exclude VAT and any other taxes or duties. Should a change in prices or tariffs occur that will result in higher expenses for Driven Sales and Support, we reserve the right to on-charge the difference in price.
3. PROJECTS AND CONFIRMATION
The agreement between the client and Driven Sales and Support is effected through a written confirmation from both parties. Verbal agreements are also binding once both parties have confirmed these in writing, or from the moment that Driven Sales and Support has the client’s permission to start the project, task or assignment. The obligations on the part of Driven Sales and Support are indicated by the terms of the agreement.
4. PAYMENT
For long-term and/or extensive assignments, Driven Sales and Support can demand payment in instalments. Invoices need to be paid within 14 days from the invoice date. Should this term be exceeded without payment, the client is automatically in default and owes Driven Sales and Support the applicable legal interest. Any legal and non-legal expenses, including collection commissions made with respect to the overdue payment, are added to the client’s invoice.
Non-legal expenses are fixed at least 15% of the invoice amount, with a minimum of € 200.
Preliminary meetings are free of charge. A meeting in which specific solutions and possibilities are discussed can be considered a work meeting, and the client can therefore be charged. An informational meeting that results in a work meeting will be invoiced as such.
5. CHANGES, CANCELLATIONS, DISSOLUTION AND FORCE MAJEURE
When a project is changed or altered after the quotation date, the changes will be considered as an additional assignment. This addition can be quoted and invoiced separately.
If the client changes, postpones or cancels an assignment, Driven Sales and Support is owed payment for any work that has already been carried out, as well as a compensation for the remainder of the assignment.
Should circumstances arise in which Driven Sales and Support cannot reasonably be expected to uphold its end of the agreement, Driven Sales and Support is empowered to dissolve the agreement with immediate effect, without incurring any obligations such as compensation. The client, however, is obliged to offer compensation under these circumstances.
These circumstances are certainly applicable when the client does not comply with one or more of the obligations that have been specified in the agreement, not even after an exhortation or summons by Driven Sales and Support.
In the case of a moratorium or an application for a moratorium or bankruptcy of the client, Driven Sales and Support is free to annul or dissolve the agreement, with immediate effect.
Should there be a case of force majeure on the part of Driven Sales and Support, such as an illness, Driven Sales and Support will notify the client immediately. Upon this notification, the client has the right to cancel the assignment within seven business days. He is still, however, obliged to accept any part of the assignment that has already been executed and owes Driven Sales and Support payment for said part.
6. QUALITY
Driven Sales and Support will execute the assignment in accordance with current professional standards. The agreement between Driven Sales and Support and the client can only be interpreted as an obligation to perform to the best of one’s abilities.
7. CONFIDENTIALITY
Driven Sales and Support is obligated to keep any and all information confidential of which it knows or can reasonably assume that its nature is confidential. This confidentiality is guaranteed even after completion of the assignment.
8. LIABILITY
Any liability on the part of Driven Sales and Support for damages that have been incurred in direct consequence of an agreement between Driven Sales and Support and the client, is strictly limited to the exact fee that Driven Sales and Support has received or will receive for its activities. Any form of liability expires one year after the date of completion of the assignment. Driven Sales and Support cannot incur any liability for possible damages to the client that are only indirectly related to the assignment. Such indirect damages include consequential loss, loss of profit, loss of savings and damages due to stagnation. Driven Sales and Support can never be considered liable in case of force majeure.
Should the client fail to deliver data on time or provide incorrect or inadequate information, which has a negative impact on the obligation by Driven Sales and Support to live up to the terms of the agreement, Driven Sales & Support is not to be held accountable for the consequences, unless the inadequacy or incorrectness of information of the information was known to Driven Sales and Support.
The aforementioned restrictions on the liability of Driven Sales and Support are inapplicable when Driven Sales and Support can be held directly responsible for intentional damage or faulty actions.
9. OTHER
If a time limit or deadline has been agreed upon or stated, this is always agreed to be indicatively and never as an ultimate, fixed deadline. Whenever the correctness of the execution of an assignment demands it, Driven Sales and Support is always empowered to carry out the terms of the agreement wholly or in part with help of a third party. Any obligations that follow from these general terms and conditions will also be enforced with regard to this third party. The client will always cooperate with Driven Sales and Support during the execution of the obligations specified in the agreement. This includes providing timely, useful, and necessary data and information.
Any complaints with regard to the activities by Driven Sales and Support must be submitted to Driven Sales and Support in writing and with a full explanation. This written statement must be received by Driven Sales and Support within ten business days of the invoice date. After ten days, any submitted complaints can no longer have legal repercussions. Complains to not, however, suspend the client’s obligation to pay the invoice.
10. DISPUTES
In the case of any disputes that follow from this agreement or subsequent agreements, parties will initially attempt to solve these with the aid of impartial mediation. Only when it is proven impossible to find a solution to such a dispute with the aid of mediation, the dispute will be settled by a qualified judge in a district court. This will be the district in which Driven Sales and Support is established. Dutch laws and regulations apply to the agreement between Driven Sales and Support and the client.